Compensation Law Changes: What the Civil Liability Act Means for Claimants.

Civil Liability Act 2018 and Whiplash Compensation Reforms

The Civil Liability Act 2018 introduced major changes to the way some personal injury claims are handled in England and Wales. The reforms are best known for changing the handling of low-value road traffic accident claims, particularly those involving whiplash injuries.

Why the Reforms Were Introduced

The government introduced the reforms after concerns about the cost and number of minor road traffic accident injury claims. The aim was to reduce the cost of low-value whiplash claims, discourage exaggerated or fraudulent claims, and simplify the process for people bringing smaller claims.

Claimant representatives have also criticised the reforms and access to justice campaigners, who argue that many injured people now have to deal with claims without legal representation because legal costs are often not recoverable in lower-value cases.

Whiplash Tariffs

For eligible road traffic accident claims, compensation for whiplash injuries lasting up to two years is now assessed using a fixed tariff. This means the amount awarded for pain, suffering and loss of amenity is set by regulations, rather than being assessed in the usual way by reference to previous court decisions.

There are currently two tariff tables. The original tariff applies to accidents from 31 May 2021 to 30 May 2025. A revised tariff applies to accidents on or after 31 May 2025. The correct tariff depends on the date of the accident, not the date the claim is made.

What Counts as a Whiplash Injury?

For these reforms, a whiplash injury generally means a soft tissue injury to the neck, back or shoulder caused by a road traffic accident. Some claims may also include minor psychological injury linked to the accident.

Not every road traffic accident injury is a whiplash claim. Broken bones, serious head injuries, significant psychological injury, scarring, dental injuries, or other non-whiplash injuries may need to be valued separately. Mixed injury claims can be more complicated and may require legal advice.

Small Claims Limit for Road Traffic Accident Injuries

For many road traffic accident personal injury claims, the small claims track limit for the injury element increased to £5,000 for accidents on or after 31 May 2021. This means that in many lower-value road traffic accident injury claims, legal costs are not usually recoverable from the other side, even if the claim succeeds.

The limit is different for other types of personal injury claims outside the road traffic accident reforms. Accident at work, public liability, occupiers’ liability and other non-RTA personal injury claims are not treated in the same way.

The Official Injury Claim Portal

The Official Injury Claim portal was introduced for eligible low-value road traffic accident personal injury claims. It allows claimants to bring certain claims directly online, including many whiplash claims, without needing to use a solicitor.

The portal is intended to be accessible to individuals. However, the process can still be difficult when liability is denied, injuries are disputed, injuries are mixed, the claimant is vulnerable, the circumstances of the accident are unclear, or there are significant losses, such as lost earnings, treatment costs, or care needs.

Medical Evidence Is Required

A whiplash claim should not be settled without appropriate medical evidence. This is intended to reduce unsupported claims and ensure that compensation is based on an independent assessment of the injury.

Claimants should be cautious about settling too early, particularly if symptoms are continuing, worsening or affecting work, driving, sleep or day-to-day activities.

What Compensation Can Still Be Claimed?

The whiplash tariff deals with compensation for pain, suffering and loss of amenity for tariff injuries. Claimants may also be able to claim special damages, such as loss of earnings, treatment costs, travel expenses, damaged property, care and other financial losses caused by the accident.

Evidence is important. Claimants should keep wage records, receipts, medical notes, photographs, repair documents, travel records and any other documents showing the impact of the accident.

When a Solicitor May Still Be Needed

Although the reforms were designed to make some low-value claims easier to handle without legal representation, legal advice may still be important in many cases. This includes claims involving disputed liability, mixed injuries, children, protected parties, pedestrians, cyclists, motorcyclists, serious injury, uninsured drivers, untraced drivers, complex losses or pressure to settle early.

A solicitor can advise whether the claim falls within the portal, whether the tariff applies, how non-whiplash injuries should be valued, what evidence is needed and whether any offer is fair.

Concerns About Access to Justice

The reforms remain controversial. Supporters argue that they reduce unnecessary costs and help control motor insurance premiums. Critics argue that genuinely injured people may receive lower compensation and may struggle to navigate the process without legal help.

The practical effect is that many claimants must now take a more active role in managing their own lower-value road traffic accident claims. This makes it especially important to understand the process, keep evidence and seek advice where the claim is not straightforward.

Current Position

The Civil Liability Act reforms continue to apply to eligible road traffic accident claims in England and Wales. The fixed whiplash tariff applies to whiplash injuries lasting up to two years, with an updated tariff for accidents on or after 31 May 2025. The Official Injury Claim portal remains the main route for many low-value road traffic accident injury claims.

Anyone injured in an accident should check which rules apply to their case before accepting an offer or starting a claim. The date of the accident, the type of injury, the value of the claim and the circumstances of the accident can all affect the correct route.

Disclaimer

Solicitors.com is not a firm of solicitors and does not provide legal advice. The information on this page is for general guidance only and should not be relied upon as a substitute for advice from a regulated solicitor. Personal injury law and procedure can change, and how the law applies will depend on the facts of each case.

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